Motor Vehicle Powers of Attorney

A number of parties are often at fault for an accident. In these situations the jury could distribute the award of damages to the victim in proportion to their share of negligence.

Although DMV hearings do not involve criminal court, a knowledgeable NYC traffic lawyer can make a significant difference in the outcome. Gannes & Musico, LLP has years of experience representing clients in these proceedings.

Power of Attorney

A power of attorney is a legal document that allows one person (the principal) to authorize another person (the agent) to act on his or her behalf. The document can grant broad or limited powers, and must be prepared according to the laws of the state. The document must be signed or Motor vehicle accidents notarized before a notary public or witness. A motor vehicle accident lawsuits vehicle power-of attorney grants the agent the authority to perform duties related to vehicles including selling a vehicle. If you're planning to draft a Power of Attorney yourself think about contacting your local Department of Motor Vehicles or using a free legal website such as eForms or NYLawHelp. You can also request someone to do it.

Third parties may not accept Powers of Attorney. This could be due to a number of reasons. In some cases, the refusal causes harm to the Principal and motor vehicle accidents the third party may be held accountable for the damages.

To avoid this it is essential to ensure that the Power of Attorney include language that states that the agent is not able to claim title to any real property or other asset owned by the principal unless otherwise stated in the document. The document should also specify that the agent submits to an outside party a report of all transactions and other circumstances in which the agent acts on behalf of the principal.

DMV Hearings

You are entitled to an appeal hearing when DMV orders discretionary action against you (such as a license suspension for refusing the breathalyzer test). These hearings can take place in person or by telephone, and usually held in front of a DMV driver safety hearing officer. In the hearing, DMV begins by presenting all of its evidence against you, including any witness testimony it has subpoenaed. Then you're able to present evidence of affirmative nature (documents and witnesses, or your own testimony) and attack the DMV's argument in closing arguments, and ask questions of the hearing officer.

The outcome of an DMV hearing is dependent on the facts of your case, however you are more likely to prevail if you hire an attorney. A lawyer can help to determine if the officers who were involved in your case made any mistakes during the arrest, such as not clearly informing you that your license could be suspended if you refused to take the breath test.

While you are not legally required to use an attorney present at an DMV hearing, hiring a NYC DMV attorney will make the process easier. A lawyer will be well-versed with the laws applicable to these kinds of cases and can help you to present your case as effectively as is possible. They can also assist you to avoid being unfairly penalized by the DMV.

License Suspension

The Department of Motor Vehicles can suspend your license and driving privileges when you are found guilty of specific traffic offenses or legal violations. The suspension or suspension of your license is normally remain in place until you've completed the required steps to get it back.

Your driver's license may be suspended for various reasons, depending on where you reside. In states that use points, for example the accumulation of too many points can result in the suspension. A judge can also suspend your license due to a traffic violation. In the majority of cases the court will let you to drive with an restricted driving permit during the suspension or revocation.

In some states, your driver's license can be revoked if been found guilty of certain offenses like DUIs or vehicular manslaughter. In addition your license may be revoked if you fail to pay back child support or other civil debts. Your license could be revoked in the event that you suffer from a medical issue that makes it unsafe to operate an automobile.

Your New York lawyer will help you determine the status of your license and how best to proceed. He or she will explain to you that in most instances, if your license was suspended, you are entitled to an interview at the DMV.

Representation

A representation letter is an important document that an attorney must send to the person they plan to sue. This puts the other party in the loop that they now have a representative who will represent them and allows the lawyer to request information and documents from that party.

A large number of motor vehicle accidents are founded on the tort theory of negligence. Negligence is defined as a lack of using the level of care that a reasonably prudent person would use in the same circumstances. Car accidents typically involve a variety of factors that can cause or contribute to the incident. The negligence of a driver could be driving while under the influence of drugs or alcohol driving too fast, speeding up, or not obeying traffic warnings. Other factors include distracted driving like using a cell phone or trying to apply makeup while driving.

There are instances where two people who are injured in a car crash want the same lawyer to represent them. It is unethical for an attorney to represent a driver as well as a passenger in a personal injuries claim. Each client has a conflict. This can be avoided by drafting separate agreements between the clients. In addition, each passenger could hire their own lawyer to make a claim against the adverse driver.